The Burke Act of 1906 requires the government to assess whether individuals are “competent and capable” before giving them fee-simple patents to their allotted land. Moreover, because the federal government had decided that most Indians are not prepared for U.S. citizenship, the Burke Act amends the Dawes Act to withhold citizenship until the end of a 25-year probationary period instead of at the time of receipt of their trust patent, as originally provided for in the Dawes Act.
With this congressional amendment, the Secretary of the Interior has the power to issue fee-simple titles to any Indian deemed “competent and capable” regardless of blood quantum, thus making even more Indian land available for sale or lease (Nies, 1996).